Dispute Resolution in Germany

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Earlier this month, we reviewed the  the draft directive for the EU Commission’s Brexit negotiations with the United Kingdom for matters relevant to this blog. Today, the European Commission’s negotiation mandate was confirmed. Comparing the draft version with the final mandate approved by the 27 EU member states today, there is one noticeable change. Following an initiative of Greece, supported by Italy and Cyprus,  a new section 33 has been inserted into the final…
This time last year, I was still quite nerveous about getting everything lined up for the IBA’s Annual Litigation Forum in Berlin which I had the honour of co-charing. This year, I can sit back, relax and plan my trip to Argentina, knowing that things are in the capable hands of our friends Angelo Anglani and Rodrigo Fermin Garcia. The programme has just come out. Here is a summary of what the conference will cover: Commercial litigation…
Last week, the European Commission started a consultation process on the question whether the EU should join the Hague Judgments Convention (Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters). Here is the Commission’s summary: “This initiative proposes that the EU signs the 2019 Hague Judgments Convention. This convention makes it easier for rulings in civil or commercial cases to be recognised and enforced in foreign jurisdictions. This should…
Germany does not have US style class actions. The introduction of the Capital Market Investors’ Model Proceeding Act (Kapitalanlegermusterverfahrensgesetz, KapMuG) in 2005 (triggered by the Deutsche Telekom securities litigation) and of the Model Declaratory Proceedings (Musterfeststellungsklage) that were added to the German Code of Civil Procedure (ZPO) in November 2018 in order to address the wave of Diesel litigation have not really changed that. In the assessment of the plaintiffs’ bar, Germany’s legal tools for…
In a judgment of November 2019, which was reported in the press only recently, the Magdeburg District Court (Landgericht) had to decide a dispute between the current owner of a painting and the heirs of a former owner who had the painting registered in the Lost Art Database. The judgment has, in true German tradition, been published in an anonymised version. Read in conjunction with the press coverage of the dispute in The Art Newspaper
In this guest post, Matthias Weller of Bonn University iintroduces a conference that is at the very heart of this blog’s topic, The Hague Judgments Convention. Brexit has become reality – one more reason to think about the EU’s Judicial Cooperation with third states. The largest proportion of EU economic growth in the 21st century is expected to arise in trade with third countries. This is why the EU is building up trade relations with…
Acceding to the Hague Choice of Court Convention is one of the unilateral steps the United Kingdom is planning to take to partially close the gap that will open in the field of judicial cooperation when the Brussels Regulation falls away upon Brexit. The United Kingdom currently is a party to the Choice of Court Convention only by virtue of its membership in the European Union. It had previously declared its accession on 28 December 2018. Subsequently it…
Immediately after Brexit had taken place (for my assessment of what is going to change see here in English and here in German, the European Commission set up a new site: The European Union and the United Kingdom – forging a new partnership. Today, it published draft negotiating directives, as a basis for its negotiation mandate. The draft directives are based on the Political Declaration that was agreed between the European Union and…
We have tracked the first major piece of Climate Change litigation in Germany, an action by Peruvian farmer Saul LLiuya against German energy company RWE, since it was started in November 2015. Here’s a recap of what happened so far: LLiuya is suing RWE for its contribution to global greenhouse gas emissions, and the damage (potentially) caused to his property in the city of Huaraz in Peru. It is located at the foot of the Andes below…
Today is Brexit Day. The United Kingdom is leaving the European Union. It might be worth looking at what changes as of midnight today. Spoiler alert: Practically speaking, not much. Article 126 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement; WA) is short and straightforward: “There shall be a transition or implementation period, which…